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My Soul   01 May 2020

Section 63 of IPC

can anyone give illustration of IPC section 63? Also any case where section 63 has been prescribed?


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 1 Replies

Archit Uniyal   01 May 2020

Hi,

Section 63 of the Indian Penal Code talks about the Amount of fine. It says that where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.

In the case, Sharad Hiru Kolambe vs The State Of Maharashtra (2018) the court said that “ Insofar as nature and extent the power to impose fine is concerned, Section 63 of the IPC provides some guidelines and states that wherever no sum is expressed to which a fine could extend, the amount should not be excessive. It follows that if the law in question or the concerned provision stipulates the quantum or minimum amount of fine, the Courts must be guided by such specification. 

The Supreme Court of India in Palaniappa Gounder v. State of Tamil Nadu stated that sentence must be proportionate to the nature of the offence, and including the sentence of fine, it must not be unduly excessive.

 

I hope this solves your query.

Regards,
Archit.


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